Ken Strutin

January 19, 2010 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: Science in the courtroom has undergone serious re-examination. Disputed assumptions about longstanding forensic methods have propelled legal practitioners into an era of heightened skepticism. DNA exonerations, the exposure of false confessions and faulty eyewitness testimony have shown that when there is certainty, there is no certainty. The latest report on this problem, from The National Academy of Sciences, underscores the ongoing concerns with forensic evidence and portends a shift in legal thinking.

By Ken Strutin

11 minute read

July 08, 2008 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: Computer files are distinct entities, distinguishable from other physical evidence. They are dynamic, and their contents changeable requiring translation to be viewed and understood. Search limiting protocols are essential to curb overbroad and unfettered examination of private files in a growing range of formats. Practicality, convenience and necessity are poor guarantees of constitutional protections. New technologies demand new solutions to protect individual rights. And the limitations of computer search methods should not diminish the protections guaranteed by the Fourth Amendment.

By Ken Strutin

10 minute read

March 10, 2009 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: George Orwell's state-run surveillance society had children spying on parents, neighbors scrutinizing neighbors and Big Brother watching over everyone, but Orwell never foresaw a time when so many people would voluntarily publish chronicles of their lives for public consumption. But millions of people now participate in online social networks, and those sites are pushing criminal investigations into uncharted waters.

By Ken Strutin

12 minute read

July 14, 2009 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: When the Fourth Amendment was written, surveillance was rooted in our five senses and enhanced by uncomplicated aids like the spyglass. The advent of GPS and similar technologies has empowered government to observe the movements of its citizens across the latticework of time and space. Yet, along with every advancement in technology is the recognition that the concept of privacy enshrined in the federal and state constitutions cannot remain static. New York has become the latest state to join those jurisdictions finding that placement of a satellite-tracking device on someone's vehicle must be preceded by a warrant supported by probable cause. And some scholars believe there may be a Fourth Amendment justification for holding new forms of electronic surveillance to the warrant requirement as well.

By Ken Strutin

12 minute read

September 04, 2007 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that IM evidence deserves rigorous scrutiny before becoming the foundation of a prosecution. Since IM has fewer indicia of reliability than other forms of communication technology, it requires more analysis and understanding of how it works, and how it can be manipulated.

By Ken Strutin

10 minute read

May 18, 2011 | Legaltech News

The emergence of "computers" as a central player in society has put great pressure on legal professionals to master the lexicon of integrated technologies. So what is a computer in the legal sense? And how does this interpretation impact criminal law and procedure? As the presence and applications of computers continue to widen, so does their role in the adjudication of criminal cases.

By Ken Strutin

11 minute read

May 20, 2009 | Law.com

The online behavior of jurors has prompted challenges to the fairness of their verdicts. According to Ken Strutin, director of legal information services at the New York State Defenders Association, jurors' indiscriminate use of Web 2.0 tools may require new approaches to jury trials.

By Ken Strutin

11 minute read

March 15, 2011 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: A trial seen by the judge and lawyers, carefully following the rules of procedure, is completely different from the one seen by jurors sitting in a cyber-perch. Cabining jurors against outside influences limits their knowledge of the case to the boundaries of the courtroom. But the virtual behaviors of jurors can trump safeguards and judicial rulings. The questions are how to uncover these abuses and to bank the flow of information through porous courthouse walls?

By Ken Strutin

13 minute read

October 12, 2004 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that Web-based information is a fundamentally different kind of evidence. It represents a shift from the static printed page to a dynamic form of knowledge that will continue to test the limits of jurisprudence.

By Ken Strutin

8 minute read

September 11, 2008 | Legaltech News

Exonerations based on DNA testing illustrate the dangers of misidentification, false confession and unreliable evidence. Improvements in DNA analysis as well as other forensic technologies compel deeper scrutiny of post-conviction innocence claims and fair trial challenges.

By Ken Strutin

11 minute read